Shivani Thakur
Published on: May 25, 2022 at 19:58 IST
The Bombay High Court at Aurangabad refused to grant Anticipatory Bail to an advocate involved in filing multiple bogus claims for compensation in Motor Accident Cases.
“An Advocate is the officer of the Court. No doubt, he pleads for his client, but he should be honest to the profession, towards Court as well as towards his client.”
The Single Judge Vibha Kankanwadi observes:
“Under such circumstance, for any such professional misconduct he is adopting forged documents or getting certain documents fabricated, then, he is rather defaming the entire fraternity of Advocates.”
Advocate Vijaydatta Patil was arrested for allegedly advising the family of a man to show involvement of another vehicle in the accident. After learning that the deceased died of his own mistake and also he didn’t hold a license, advised his family that for claiming compensation, some other tractor and driver holding license will have to be shown as the negligent party.
Apart from Patil, Abhijeet Gaikwad a Police constable from Solapur district, booked for allegedly forging the documents by changing the number of the tractor involved in the accident.
“Panchas were again called and then their signatures were taken. The story was rebuilt and the wife of the deceased lodged the report on January 8, 2020 by including two persons as eye witnesses.”
“The investigation was accordingly done and charge sheet was filed. In the inquiry, after the order in Public Interest Litigation No.3 of 2020 was filed, all these things have been revealed and, therefore, offence has been lodged,” the Judge noted.
“It will not be out of place to mention here that filing of such false cases are increasing. It is only with an intention to get more compensation. Note of such cases has also been taken by the Supreme Court.”
“This court also taking into consideration the increase in such false cases had passed the said order in the Public Interest Litigation,” the Bench observed.
The Bench opined that since the documents bore the signatures of the head constable, the accused Gaikwad wouldn’t have taken an active part in the case and thus granted him Bail.
As far as Advocate Patil is concerned, the Bench noted that he has filed around 314 such bogus claims before the tribunal in Osmanabad and accordingly refused to grant him Bail.